Accessibility by Design: What the ASA’s Guidance Means for Your Business 

Consumers using accessibility features in advertising

Accessibility in advertising matters.

Recent guidance from the Advertising and Standards Authority (ASA) on when accessibility features are employed in advertisements provides a catalyst for change. Set out in the CAP News (11 June), accessibility provisions include:

• audio description;
• closed captions; and
• signing.

The ASA cannot require businesses to make their advertising accessible. However, failing to include material information in accessibility provisions could result in an ad being found misleading under the CAP and BCAP Codes.

The CAP News notes that accessibility provisions may be relevant not only in the context of broadcast audiovisual advertising and audio description, but also on-demand programme services (ODPS), cinema advertising, online advertising, and some forms of outdoor advertising.

What are audio description, closed captions, and signing?

The CAP News defines audio description, closed captions, and signing as follows:

Audio description

An additional narration track that describes key visual elements, such as actions, settings, body language and on-screen text.

Closed captions

Time-synchronised text that displays dialogue and important non-speech audio, including sound effects, music cues and speaker identification.

Signing

The use of sign language to communicate spoken content and other important audio information.

What is the ASA’s guidance and why does it matter?

Whether information presented in an advertisement amounts to material information is the key factor, and is explained as follows:

‘Material information is information that the average consumer needs in order to make an informed transactional decision about a product, service or offer’.

Having described materiality, the ASA guidance continues:

‘If information is material to a consumer’s decision about whether to respond to an ad, it should be communicated through any accessibility provisions used in that ad. Consumers using accessibility provisions should have access to the same material information as other members of the audience’.

The ASA’s example ads

The ASA provide two examples of the material information test in practice, which we have repeated here:

Ad 1

The narrator states: “New phone, £199” and prominent text clarifies that the offer is subject to a “48-month contract and 20GB data cap”.

If the ad’s audio description omitted the material information in the second quotation, the ad would likely mislead visually impaired members of the audience.

Ad 2

An ad for a laptop purely involving a price comparison includes superimposed text stating “laptop of your dreams” and “340 stores nationwide”.

As the laptop is available nationwide and the text does not communicate material information that is needed to understand the offer, excluding the information in the superimposed text from the audio description would be unlikely to mislead visually impaired members of the audience.

What does this mean for marketing teams?

Whilst the CAP News guidance focuses on the communication of material information, the implications extend beyond code compliance.

Marketing teams may wish to review how accessibility is considered throughout campaign planning, approval and production processes. Where accessibility measures such as audio description, captions or signing are included, businesses should consider whether consumers using those features receive the same material information as the wider audience. This may require earlier engagement between creative, production, compliance and legal teams.

Decisions about what information is communicated through spoken content, on-screen text and other accessibility provisions may need to be considered at the concept stage rather than immediately before publication.

Businesses that operate in highly regulated sectors may face particular challenges where eligibility criteria, qualifications or risk warnings are often presented through on-screen text. In these circumstances, careful consideration may be needed to assess whether information should also be reflected within accessibility provisions.

The guidance may also encourage organisations to revisit existing campaign review processes to ensure accessibility considerations form part of broader advertising compliance checks.

What accessibility should be built into campaigns from day one?

The context of the ASA guidance is a CAP and BCAP 2025 stakeholder engagement, a revisit of work done in 2019.

The 2019 stakeholder feedback included that blind and visually impaired audiences wanted access to ‘the same material information as other members of the audience at the same time’. The words ‘at the same time’ add a nuance beyond simply having access to the same information.

A main theme arising from the 2025 stakeholder discussions was avoiding accessibility retrofitting:

‘Stakeholders emphasised that accessibility provisions are more effective when they are considered at the beginning of the creative process, rather than being retrofitted after an ad has been created. Taking this approach is more likely to ensure that accessibility provisions can be delivered effectively’.

Indeed, the CAP News goes on to state:

‘…the ASA system encourages advertisers to consider accessibility from the outset of the creative process’.

The CAP News also highlights a practical challenge: providing audio description within the time constraints of audiovisual advertising, particularly where qualifications to claims made in ads (which may be extensive) are typically presented in on-screen text. Stakeholder discussions suggested ‘…there may be misconceptions about what qualifications are required in particular circumstances’.

Advertisers are prompted to consider seeking advice from Clearcast or CAP Copy Advice on what information needs to be communicated.

Is accessible advertising legally required?

The current regulatory position

It is made explicit within the CAP News that there is currently no legislative requirement for accessible advertising:

‘…the ASA system is not in a position to require advertisers to make their advertising accessible’.

Note, though, the ASA restatement of the regulatory position where accessibility provisions mislead consumers or cause harm or serious offence:

‘Where the communication of accessibility provisions misleads, harms or seriously offends audiences, it is subject to ASA regulation under the CAP and BCAP Codes’.

In addition, in exercise of its functions, the ASA flags that:

‘The ASA system has due regard to the Public Sector Equality Duty (PSED), which includes advancing equality of opportunity and fostering good relations between people who have a protected characteristic and those who do not’.

Future developments in advertising accessibility

The CAP News reports that some stakeholders considered that accessibility in advertising should be mandatory.

The ASA states that such a requirement ‘would more appropriately be established through legislation’, with the point made that:

‘The ASA system stands ready to play its part in facilitating greater accessibility should Parliament choose to explore such measures’.

The CAP News also contains an industry perspective, a statement from the Incorporated Society of British Advertisers (ISBA):

‘…we should consider whether an accessibility mandate could come from government, to achieve the change industry needs to see.’

What businesses should do now

Although the ASA is not in a position to introduce a mandatory accessibility requirement, the guidance provides a useful framework for advertisers assessing how material information is communicated to different audiences.

Therefore, businesses may benefit from reviewing current practices now, particularly where campaigns already use accessibility features or where accessibility considerations are likely to become more prominent in the future.

• By design: build accessibility into the creative brief from the outset.
• Scope: consider the scope of broadcast and non-broadcast media covered, including ODPS, cinema, online, some outdoor.
• Consult: the CAP News points to Clearcast, Channel 4’s Disability Playbook, and BCAP’s 2019 work as resources to assist with making ad campaigns more accessible.
• Audit: review current campaigns for material information gaps in accessibility provisions. For guidance on what information needs to be communicated through accessibility provisions, readers are directed to Clearcast or CAP Copy Advice.
• Be prepared: action now in making advertising accessible should leave businesses better placed if legislative change is introduced.

Taking proactive steps now may help businesses reduce the risk of complaints, improve audience experience and avoid the practical challenges associated with retrofitting accessibility measures at a later stage. It may also leave organisations in a stronger position should regulatory expectations evolve.

How we can help

If you are reviewing campaign planning processes or considering how accessibility requirements may affect future advertising activity, our advertising and marketing solicitors can help you assess risks and practical next steps

This content is provided for general informational purposes only and does not constitute legal advice. It is not intended to address the circumstances of any individual or entity, nor should it be relied upon as a substitute for specific advice from a qualified solicitor. The information reflects the legal position as at the date specified and may be subject to change. If you require advice on a specific matter, please contact us directly.